IV 

113TH CONGRESS 

1ST SESSION H. RES. 442 

Directing the House of Representatives to bring a civil action for declaratory 

or injunctive relief to challenge certain policies and actions taken by 

the executive branch. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 12, 2013 

Mr. RICE of South Carolina (for himself, Mrs. BACHMANN, Mr. BRIDENSTINE, 

Mr. CHAFFETZ, Mr. DUNCAN of South Carolina, Mr. DESANTIS, Mr. 

FRANKS of Arizona, Mr. GOWDY, Mr. HARRIS, Mr. LAMBORN, Mr. 

LAMALFA, Mr. MARINO, Mr. MCCLINTOCK, Mr. MEADOWS, Mr. 

NUNNELEE, Mr. PITTENGER, Mr. POSEY, Mr. PRICE of Georgia, Mr. 

RIBBLE, Mr. SALMON, Mr. SANFORD, Mr. SCHWEIKERT, Mr. STEWART, 

Mr. STOCKMAN, Mr. WALBERG, Mr. WEBER of Texas, Mr. WENSTRUP, 

Mr. WILLIAMS, Mr. WILSON of South Carolina, and Mr. YOHO) submitted the following resolution; which was referred to the Committee on 

Rules, and in addition to the Committee on House Administration, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

RESOLUTION 

Directing the House of Representatives to bring a civil action 

for declaratory or injunctive relief to challenge certain 

policies and actions taken by the executive branch. 

Whereas President Obama and officials in his administration 

have frequently overstepped the limits placed on executive 

branch power by the Constitution; 


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•HRES 442 IH 

Whereas because of President Obama’s continuing failure to 

faithfully execute the laws, his administration’s actions 

cannot be addressed by the enactment of new laws, because Congress cannot assume that the President will 

execute the new laws any more faithfully than the laws 

he has already ignored, leaving Congress with no legislative remedy to prevent the establishment of what is in effect an imperial presidency; and 

Whereas it is therefore necessary and appropriate for Congress to turn to the courts to ensure the faithful execution of the laws as required by the Constitution: Now, 

therefore, be it 

1 Resolved, 

2 SECTION 1. DIRECTING CIVIL ACTION BY HOUSE OF REP3 RESENTATIVES IN RESPONSE TO CERTAIN 

4 EXECUTIVE BRANCH ACTIONS. 

5 (a) CIVIL ACTION.—The House of Representatives 

6 shall bring a civil action in the United States District 

7 Court for the District of Columbia for declaratory or in8 junctive relief to challenge any of the following policies or 

9 actions: 

10 (1) The policy of the Department of Health and 

11 Human Services that, with respect to health insur12 ance coverage that is renewed for a policy year dur13 ing the period beginning January 1, 2014, and end14 ing October 1, 2014, health insurance issuers may 

15 continue to offer coverage that would otherwise be 

16 terminated or cancelled for being out of compliance 


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•HRES 442 IH 

1 with various requirements of title XXVII of the Pub2 lic Health Service Act and corresponding portions of 

3 the Employee Retirement Income Security Act and 

4 the Internal Revenue Code of 1986, as announced 

5 by the Center for Medicare and Medicaid Services on 

6 November 14, 2013. 

7 (2) The 1-year delay in the application of the 

8 reporting requirements of sections 6055 and 6056 of 

9 the Internal Revenue Code of 1986 (and related re10 quirements of section 4980H of such Code), as pro11 vided under Department of the Treasury Notice 

12 2013–45, as announced by the Department of the 

13 Treasury on July 2, 2013. 

14 (3) The policy of the Department of Homeland 

15 Security to exercise prosecutorial discretion with re16 spect to individuals who came to the United States 

17 as children, as announced by the Department of 

18 Homeland Security on June 15, 2012. 

19 (4) The authorization, approval, renewal, modi20 fication, or extension of any experimental, pilot, or 

21 demonstration project under section 1115 of the So22 cial Security Act (42 U.S.C. 1315) that waives com23 pliance with a requirement of section 407 of such 

24 Act (42 U.S.C. 607) through a waiver of section 402 

25 of such Act (42 U.S.C. 602). 


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•HRES 442 IH 

1 (b) NO ADDITIONAL FUNDS PROVIDED TO BRING

2 ACTIONS.—Any amounts obligated or expended by the 

3 House of Representatives to carry out this resolution dur4 ing a fiscal year shall be derived from existing appropria5 tions for salaries and expenses of the House for that fiscal 

6 year, and nothing in this resolution may be construed as 

7 authorizing an increase in the amount of budget authority 

8 available to the House for that fiscal year. 

Æ 


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